Petillo v. State’s Empirical Analysis

Citation profile

50 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"... that the intent was a question for the court, the proof of which rested upon the state; and in determining the question it was the duty of the court to consider all the facts and circumstances disclosed by the evidence bearing upon it. The felonious intent in such a case might have been shown by direct evidence, such as lying in wait for an opportunity, with a deadly weapon; and, in the absence of any such direct proof, if the assault and battery was with a deadly weapon, used in such a manner as to be reasonably calculated to cause death, the intent to kill might be inferred from the act itself." (our emphasis.)”

   2 later decisions quote this exact passage
   e.g. Liston v. State · Barnett v. State

2. ““Where the sufficiency of circumstantial evidence is in question, we examine it carefully, not for the purpose of finding whether or not it is adequate to overcome every reasonable hypothesis of innocence, but with the view of deciding whether an inference may be reasonably drawn therefrom tending to support the finding of the trial court. Stice v. State, 228 Ind. 144 , 89 N.E. 915 (1950); Petillo v. State, 228 Ind. 97 , 89 N.E.2d 623 (1950).””

   2 later decisions quote this exact passage
   e.g. Walton v. State · 162 Ind. App. 639 - Giles v. State